certificate of appealability

certificate of appealability. In an appeal from the denial of federal habeas corpus relief, a document issued by a United States circuit judge certifying that the prisoner showed that a constitutional right may have been denied. 28 USCA § 2253(c)(2). • The prisoner does not have to show that the case would succeed on the merits, only that reasonable jurists would find the claim at least debatable. Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 1039 (2003). If the certificate is not issued, no appeal is possible. 28 USCA § 2253(c)(1); Fed. R. App. P. 22(b). — Also termed (before 1996) certificate of probable cause; certificate of reasonable doubt; writ of probable cause. — Abbr. COA.
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